Qualified Seduction vs. Simple Seduction

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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

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AT A GLANCE:

The crime of seduction has two types: Qualified Seduction and Simple Seduction. It is important to know the distinction between the two to determine their respective penalties.

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QUALIFIED SEDUCTION

 

Article 337 of the RPC provides that there are two classes of Qualified Seduction:

1. Seduction of a virgin over 12 years and under 18 years of age by certain persons, such as, a person in authority, priest, teacher, etc.; and
2. Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation. 

The elements of the first class of Qualified Seduction are as follows:

 

1. That the offended party is a virgin, which is presumed if she is unmarried and of good reputation.
2. That she must be over 12 and under 18 years of age.
3. That the offender has sexual intercourse with her.
4. That there is abuse of authority, confidence or relationship on the part of the offender.

 

Who could be the possible offenders in qualified seduction?

 

1. Those who abused their authority:

1. 1. Person in public authority.
   2. Guardian.
   3. Teacher.
   4. Person who, in any capacity, is entrusted with the education or custody of the woman seduced. 

 

2. Those who abused confidence reposed in them:

1. 1. Priest.
   2. House servant.
   3. Domestic.

 

3. Those who abused their relationship:

1. 1. Brother who seduced his sister.
   2. Ascendant who seduced his descendant.

 

(SOURCE: The Revised Penal Code Book II by Luis B. Reyes)

 

In the case of People vs. Crispin Iman, the accused Iman, courted Corazon Arcadio, a young 17-year old girl. For two months his efforts had been unsuccessful. But after persistent struggle and through the promise of marriage, his efforts were reciprocated.

 

One day, with a renewal of his promise to make her his wife, the Arcadio gave in to Iman’s indecent proposal. Since then, Arcadio and Iman had carnal union or sexual relations. 

 

Upon becoming aware of her pregnancy, the Arcadio asked Iman if he was ready to fulfill his promise. While at the beginning he answered in the affirmative, in the end he told her that he was not, because he was engaged to another girl.

 

The Court finds Iman guilty of seduction by means of the false promise of marriage under article 338 of the Revised Penal Code, committed against Corazon Arcadio, seventeen years of age, of chaste life and good reputation. As held in the case of State vs. Smith (145 S.E., 287):

 

“The statute making seduction a crime is not to punish illicit intercourse, but to punish the seducer who by means of a promise of marriage, destroys the chastity of an unmarried female of previous chaste character, and who thus draws her aside from the path of virtue and rectitude, and then fails and refuses to fulfill his promise,” a character despicable in the eyes of every decent, honorable man.”

 

SIMPLE SEDUCTION

 

Article 337 of the Revised Penal Code (RPC) provides for the elements of Simple Seduction, which are:

 

1. That the offended party is over 12 and under 18 years of age.
2. That she must be of good reputation, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is committed by means of deceit.

 

(SOURCE: The Revised Penal Code Book II by Luis B. Reyes)

 

In the case Eusebio Babanto vs. Honorable Mariano A. Zosa,  the Court emphasized that it is true that virginity is presumed if the girl is over 12 and under 18 years of age, is unmarried and of good reputation. The presumption notwithstanding, virginity is still an essential element of the crime of qualified seduction and must be alleged in the complaint. 

 

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